http://www.jewishworldreview.com --
EVERY TIME congressional Republicans fail to match their
actions with their rhetoric, they lose precious credibility
with the grass roots. That's one among many reasons they
must follow up on their pledge to hold hearings on the
government's seizure of Elian Gonzalez.

Following the government's raid, Republican lawmakers
scheduled a hearing, and subpoenaed from Justice all
documents related to the raid. When Justice said it couldn't
meet the 24-hour deadline to provide the documents,
Senate Republicans didn't utter the slightest displeasure,
and acted almost relieved to have discovered an escape
route.

The wires speculate that Republicans lost their nerve after
learning of polls showing overwhelming public disapproval
of the hearings. I don't want to believe that this is purely a
matter of political expediency for Republicans. But it might
as well be, in terms of how their retreat will be perceived.

Can you imagine what would happen to our judicial system
if a judge dismissed a case against a defendant because he
failed to comply with a discovery deadline? Would that not
be an invitation to all defendants to disregard court orders
on the expectation that they would thereby be released
from the suit?

Congressional Republicans have lost much respect since
the Contract with America, their major triumph after
taking control of both houses of Congress. I hear from
people all the time who say they are no longer going to
vote for Republicans, because they don't fulfill their
promises.

But beyond politics, another very important principle is at
stake here. Even before the Gestapo raid, Elian had
become a symbol of freedom due to the inevitable
comparisons between the Communist Cuba he had
escaped and the free America where he had attained
sanctuary.

As this drama unfolded, the contrasts magnified. Freedom
lovers were advocating a freedom-based solution to the
problem: a hearing in family court, where Elian's best
interests could be adjudicated based on all the evidence.
Communist sympathizers (disguised as parental rights'
champions) in the Clinton administration were demanding a
Communist-like solution: return Elian without a hearing,
and with complete disregard for his best interests.

But the raid ushered in a sobering reality to the symbolism.
The government's actions before the raid represented the
government's efforts to deny one child the precious gift of
liberty. The raid transformed that isolated assault into a
threat to freedom for all Americans.

This was not just
another example of a renegade law-enforcement squad
abusing its power. This abuse was orchestrated by the
chief executive of the United States, with the full power of
his office.

When the entire executive branch is unleashed by
presidential edict to commit this kind of mischief, our
freedoms are gravely compromised. These freedoms
depend on our adherence to the rule of law, a maxim
holding that we are a government of laws, not men. This
means that no man is above the law, and that government
itself is restrained by law. Clinton's raid violated both of
these precepts.

But checks and balances don't spring forth automatically.
They depend on the integrity, courage and action of those
entrusted with their enforcement. If one branch of
government refuses to live within its constitutionally
prescribed powers, it falls upon the other branches to hold
it in check. If they don't, no one else will. If they don't, the
president is given a green light to wield his power
arbitrarily and commit further abuses, and we gravitate
ever closer to tyranny. In terms of damage to the
Republic, there is very little difference between a president
abusing his power and a Congress abdicating its power --
its duty to hold the chief executive accountable.

The 11th Circuit Court of Appeals is performing its
constitutional function of reviewing the matters before it.
Now, it's Congress' turn, which brings me back to the
subject of hearings.

Congress, irrespective of any negative political fallout,
must go forward with hearings into this abominable
executive abuse, lest it become a co-conspirator in the
assault on our freedoms. The hearings must be focused
and as expeditious as possible. If the evidence establishes
that the administration violated the law, it must be held
accountable, which will be a small step toward vindicating
the rule of law and preserving our
liberties.

JWR contributor
David Limbaugh
is an
attorney
practicing in
Cape Girardeau,
Missouri,
and a
political
analyst
and
commentator. Send your comments to him by clicking here.